[Federal Register Volume 72, Number 75 (Thursday, April 19, 2007)]
[Notices]
[Pages 19680-19684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7444]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Notice of Funds Availability (NOFA) for Section 514 Farm Labor 
Housing Loans and Section 516 Farm Labor Housing Grants for Off-Farm 
Housing for Fiscal Year 2007

    Announcement Type: Initial Notice inviting applications from 
qualified applicants for Fiscal Year 2007.
    Catalog of Federal Domestic Assistance Numbers (CFDA): 10.405 and 
10.427.
SUMMARY: This NOFA announces the timeframe to submit applications for 
section 514 Farm Labor Housing (FLH) loans and section 516 FLH grants 
for the construction of new off-farm FLH units and related facilities 
for domestic farm laborers. The intended purpose of these loans and 
grants is to increase the number of available housing units for 
domestic farm laborers. Applications may also include requests for 
section 521 rental assistance (RA) and operating assistance for migrant 
units. This document describes the method used to distribute funds, the 
application process, and submission requirements.

DATES: The deadline for receipt of all applications in response to this 
NOFA is 5 p.m., local time for each Rural Development State Office on 
June 18, 2007. The application closing deadline is firm as to date and 
hour. The Agency will not consider any application that is received 
after the closing deadline. Applicants intending to mail applications 
must provide sufficient time to permit delivery on or before the 
closing deadline. Acceptance by a post office or private mailer does 
not constitute delivery. Facsimile (FAX), COD, and postage due 
applications will not be accepted.

Intergovernmental Review

    The construction of new section 516 off-farm FLH is subject to the 
Intergovernmental Review provisions of 7 CFR part 3015, subpart V which 
requires intergovernmental consultation with State and local officials.

Submission Address

    Applicants wishing to apply for assistance must contact the Rural 
Development State Office serving the place in which they desire to 
submit an application for off-farm labor housing to receive further 
information and copies of the application package. Rural Development 
will date and time stamp incoming applications to evidence timely 
receipt, and, upon request, will provide the applicant with a written 
acknowledgment of receipt. A listing of Rural Development State 
Offices, their addresses, telephone numbers, and person to contact 
follows:

    Note: Telephone numbers listed are not toll-free.

Alabama State Office
    Suite 601, Sterling Center 4121 Carmichael Road, Montgomery, AL 
36106-3683, (334) 279-3455 TDD (334)279-3495, James B. Harris.
Alaska State Office
    800 West Evergreen, Suite 201, Palmer, AK 99645, (907)761-7740 
TDD (907)761-8905, Debbie Andrys.
Arizona State Office
    Phoenix Courthouse and Federal Building, 230 North First Ave., 
Suite 206, Phoenix, AZ 85003-1706, (602)280-8766 TDD (602)280-8770, 
Kathy Wilhelm.
Arkansas State Office
    700 W. Capitol Ave., Rm. 3416, Little Rock, AR 72201-3225, 
(501)301-3250 TDD (501)301-3063, Clinton King.
California State Office
    430 G Street, <greek-i>4169, Davis, CA 95616-4169, (530) 792-
5830 TDD (530) 792-5848, Debra Moretton.
Colorado State Office
    655 Parfet Street, Room E100, Lakewood, CO 80215, (720) 544-2923 
TDD (800)659-2656, Mary Summerfield.
Connecticut
    Served by Massachusetts State Office.
Delaware State Office
    1221 College Park Drive, Suite 200, Dover, DE 19904, (302) 857-
3615 TDD (302) 857-3585, Pat Baker.
Florida & Virgin Islands State Office
    4440 NW. 25th Place, Gainesville, FL 32606-6563, (352) 338-3465 
TDD (352) 338-3499, Elizabeth M. Whitaker.
Georgia State Office
    Stephens Federal Building, 355 E. Hancock Avenue Athens, GA 
30601-2768, (706) 546-2164 TDD (706) 546-2034, Wayne Rogers.
Hawaii State Office
    (Services all Hawaii, American Samoa, Guam and Western Pacific), 
Room 311, Federal Building, 154 Waianuenue Avenue, Hilo, HI 96720, 
(808) 933-8305 TDD (808) 933-8321, Jack Mahan.
Illinois State Office
    2118 W. Park Court, Suite A, Champaign, IL 61821-2986, (217) 
403-6222 TDD (217) 403-6240, Barry L. Ramsey.
Indiana State Office
    5975 Lakeside Boulevard, Indianapolis, IN 46278, (317) 290-3100 
(ext. 423) TDD (317) 290-3343, Stephan Dye.
Iowa State Office
    210 Walnut Street Room 873, DesMoines, IA 50309, (515) 284-4685 
TDD (515) 284-4858, Julie Sleeper.
Kansas State Office
    1303 SW. First American Place, Suite 100, Topeka, KS 66604-4040, 
(785) 271-2721 TDD (785) 271-2767, Virginia M. Hammersmith.
Kentucky State Office
    771 Corporate Drive, Suite 200, Lexington, KY 40503, (859) 224-
7325 TDD (859) 224-7422, Paul Higgins.
Louisiana State Office

[[Page 19681]]

    3727 Government Street, Alexandria, LA 71302, (318) 473-7962 TDD 
(318) 473-7655, Yvonne R. Emerson.
Maine State Office
    967 Illinois Ave., Suite 4, PO Box 405, Bangor, ME 04402-0405, 
(207) 990-9110 TDD (207) 942-7331, Bob Nadeau.
Maryland
    Served by Delaware State Office.
Massachusetts State Office
    451 West Street, Amherst, MA 01002, (413) 253-4315 TDD (413) 
253-4590, Paul Geoffroy.
Michigan State Office
    3001 Coolidge Road, Suite 200, East Lansing, MI 48823, (517) 
324-5192 TDD (517) 337-6795, Ghulam R. Sumbal.
Minnesota State Office
    375 Jackson Street Building, Suite 410, St. Paul, MN 55101, 
(651) 602-7782 TDD (651) 602-7826, Peter Lundquist.
Mississippi State Office
    Federal Building, Suite 831, 100 W. Capitol Street, Jackson, MS 
39269, (601) 965-4325 TDD (601) 965-5850, Darnella Smith-Murray.
Missouri State Office
    601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, 
MO 65203, (573) 876-9305 TDD (573) 876-9480, Colleen James.
Montana State Office
    900 Technology Blvd., Suite B, Bozeman, MT 59718, (406) 585-2515 
TDD (406) 585-2562, Deborah Chorlton.
Nebraska State Office
    Federal Building, Room 152, 100 Centennial Mall N., Lincoln, NE 
68508, (402) 437-5594 TDD (402) 437-5093, Phil Willnerd.
Nevada State Office
    1390 South Curry Street, Carson City, NV 89703-5146, (775) 887-
1222 (ext. 25) TDD (775) 885-0633, Angilla Denton.
New Hampshire State Office
    Concord Center, Suite 218, Box 317, 10 Ferry Street, Concord, NH 
03301-5004, (603) 223-6046 TDD (603) 229-0536, Jim Fowler.
New Jersey State Office
    5th Floor North, Suite 500, 8000 Midlantic Dr., Mt. Laurel, NJ 
08054, (856) 787-7740 TDD (856) 787-7784, George Hyatt, Jr.
New Mexico State Office
    6200 Jefferson St., NE., Room 255, Albuquerque, NM 87109, (505) 
761-4944 TDD (505) 761-4938, Carmen N. Lopez.
New York State Office
    The Galleries of Syracuse, 441 S. Salina Street, Suite 357, 
Syracuse, NY 13202, (315) 477-6419 TDD (315) 477-6447, George N. Von 
Pless.
North Carolina State Office
    4405 Bland Road, Suite 2120, Raleigh, NC 271209, (919) 873-2066 
TDD (919) 873-2003, Bill Hobbs.
North Dakota State Office
    Federal Building, Room 208, 220 East Rosser, P.O. Box 1737, 
Bismarck, ND 58502, (701) 530-2049 TDD (701) 530-2113, Kathy Lake.
Ohio State Office
    Federal Building, Room 507, 200 North High Street, Columbus, OH 
43215-2477, (614) 255-2418 TDD (614) 255-2554, Melodie Taylor-Ward.
Oklahoma State Office
    100 USDA, Suite 108, Stillwater, OK 74074-2654, (405) 742-1070 
TDD (405) 742-1007, Ivan Graves.
Oregon State Office
    1201 NE Lloyd Blvd., Suite 801, Portland, OR 97232, (503) 414-
3325 TDD (503) 414-3387, Margo Donelin.
Pennsylvania State Office
    One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996, 
(717) 237-2282 TDD (717) 237-2261, Martha E. Hanson.
Puerto Rico State Office
    IBM Building, 654 Munoz Rivera Ave., Suite 601, San Juan, PR 
00918, (787) 766-5095 (ext. 254) TDD 1-800-274-1572, Lourdes Colon.
Rhode Island
    Served by Massachusetts State Office.
South Carolina State Office
    Strom Thurmond Federal Building, 1835 Assembly Street, Room 
1007, Columbia, SC 29201, (803) 253-3432 TDD (803) 765-5697, Larry 
D. Floyd.
South Dakota State Office
    Federal Building, Room 210, 200 Fourth Street, SW, Huron, SD 
57350, (605) 352-1132 TDD (605) 352-1147, Roger Hazuka or Pam 
Reilly.
Tennessee State Office
    3322 West End Avenue, Suite 300, Nashville, TN 37203-1084, (615) 
783-1375 TDD (615) 783-1397, Donald Harris.
Texas State Office
    101 South Main St., Suite 102, Temple, TX 76501, (254) 742-9758 
TDD (254) 742-9712, Julie Hayes.
Utah State Office
    Wallace F. Bennett Federal Building, 125 S. State Street, Room 
4311, Salt Lake City, UT 84138, (801) 524-4325 TDD (801) 524-3309, 
Janice Kocher.
Vermont State Office
    City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602, 
(802) 828-6021 TDD (802) 223-6365, Heidi Setien.
Virgin Islands
    Served by Florida State Office.
Virginia State Office
    Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA 
23229, (804) 287-1596 TDD (804) 287-1753, CJ Michels.
Washington State Office
    1835 Black Lake Blvd., Suite B, Olympia, WA 98512, (360) 704-
7730 TDD (360) 704-7760, Robert Lund.
Western Pacific Territories
    Served by Hawaii State Office.
West Virginia State Office
    75 High Street, Room 320, Morgantown, WV 26505-7500, (304) 284-
4872 TDD (304) 284-4836, David Cain.
Wisconsin State Office
    4949 Kirschling Court, Stevens Point, WI 54481, (715) 345-7608 
(ext. 7145) TDD (715) 345-7614, Peter Kohnen.
Wyoming State Office
    P.O. Box 11005, Casper, WY 82602-6733, (307) 233-6715 TDD (307) 
233-6733, Jack Hyde.

FOR FURTHER INFORMATION CONTACT: Henry Searcy, Senior Loan Specialist, 
Multi-Family Housing Processing Division--STOP 0781 (Room 1263-S) , 
U.S. Department of Agriculture--Rural Housing Service, 1400 
Independence Ave. SW, Washington, DC 20250-0781, by telephone at (202) 
720-1604 (This is not a toll free number.) , or via e-mail at 
<a href="/cdn-cgi/l/email-protection#6b230e05191245380e0a1908122b1c0f08451e180f0a450c041d"><span class="__cf_email__" data-cfemail="0f476a617d76215c6a6e7d6c764f786b6c217a7c6b6e21686079">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Overview

Paperwork Reduction Act

    The reporting requirements contained in this NOFA have been 
approved by the Office of Management and Budget under Control Number 
0575-0045.
    The FLH program is authorized by the Title V Housing Act of 1949: 
section 514 (42 U.S.C. 1484) for loans and section 516 (42 U.S.C. 1486) 
for grants. Tenant subsidies in the form of RA are available through 
section 521 (42 U.S.C. 1490a) . Sections 514 and 516 provide Rural 
Housing Service (RHS) the authority to make loans and grants for 
financing off-farm housing to broad-based nonprofit organizations, 
nonprofit organizations of farmworkers, federally recognized Indian 
tribes and agencies or political subdivisions of State or local 
government. In addition, loans may be made to limited partnerships in 
which the general partner is a nonprofit entity.

Program Administration

I. Funding Opportunities Description

    Funding for this program comes in the form of a loans, grants and 
rental assistance. Housing that is constructed with these loans and 
grants must meet the Agency design and construction standards contained 
in 7 CFR part 1924, subparts A and C. Once constructed, off-farm FLH 
must be managed in accordance with the program's regulation, at 7 CFR 
part 3560. Tenant eligibility is limited to persons who meet the 
definition of a ``domestic farm laborer'', a ``retired domestic farm 
laborer,'' or a ``disabled domestic farm laborer,'' as defined in 7 CFR 
3560.11. Farmworkers who are admitted to this country on a temporary 
basis under the Temporary Agricultural Workers (H-2A Visa) program are 
not eligible to occupy section 514/516 off-farm FLH.
    Operating assistance may be used in lieu of tenant-specific rental 
assistance in off-farm labor housing projects financed under section 
514 or section 516(i) of the Housing Act of 1949 (U.S.C. 1486(i)) that 
serve migrant farmworkers. To be eligible for the operating assistance, 
projects must be off-farm FLH projects financed under section 514 or 
section 516 with units that are for migrant farmworkers (housing units 
for year-round farmworker households are ineligible)

[[Page 19682]]

and must otherwise meet the requirements of 7 CFR 3560.574. ``Migrants 
or migrant agricultural laborer'' is defined in 7 CFR 3560.11 Owners of 
eligible projects may choose tenant-specific RA or operating 
assistance, or a combination of both; however, any tenant or unit 
assisted with operating assistance may not also receive RA.

II. Award Information

    Applications for Fiscal Year (FY) 2007 will only be accepted 
through the date and time listed in this NOFA.
    Because RHS has the ability to adjust loan and grant levels, final 
loan and grant levels will fluctuate. The estimated funds available for 
FY 2007 for off-farm housing are: section 514, $31,937,082 and section 
516, $10,491,000.
    Individual requests may not exceed $3 million (total loan and 
grant). If RA is available, it will be held in the National Office and 
will be awarded based on each project's financial structure and need. 
Section 516 off-farm FLH grants may not exceed 90 percent of the total 
development cost of the housing. Applications that require leveraged 
funding must have firm commitments in place for all of the leveraged 
funding within 1 year of the issuance of a ``Notice of Preapplication 
Review Action,'' Form AD-622. In order to be eligible for leveraged 
funding selection points, the commitment for leveraged funds must be 
submitted with the initial preapplication. If leverage funds are in the 
form of tax credits, the applicant must document a history of receiving 
tax credits.

III. Eligibility Information

Applicant Eligibility

    (1) To be eligible to receive a section 516 grant for off-farm FLH, 
the applicant must be a broad-based nonprofit organization, a nonprofit 
organization of farm workers, a federally recognized Indian tribe, an 
agency or political subdivision of a State or local government, or a 
public agency (such as a housing authority).
    (2) To be eligible to receive a section 514 loan for off-farm FLH, 
the applicant must be a broad-based nonprofit organization, a nonprofit 
organization of farm workers, a federally recognized Indian tribe, an 
agency or political subdivision of a State or local government, a 
public agency (such as a housing authority), or a limited partnership 
which has a nonprofit entity as its sole general partner and:
    (a) Be unable to provide the necessary housing from its own 
resources; and
    (b) Except for State or local public agencies and Indian tribes, be 
unable to obtain similar credit elsewhere at rates that would allow for 
rents within the payment ability of eligible residents.
    (3) Broad-based nonprofit organizations must have a membership that 
reflects a variety of interests in the area where the housing will be 
located.

Cost Sharing or Matching

    Section 516 grants for off-farm FLH may not exceed the lesser of 90 
percent of the total development cost or the amount provided in 7 CFR 
3560.562(c)(2).

Other Administrative Requirements

    The following policies and regulations apply to loans and grants 
made in response to this NOFA:
    (1) The equal opportunity requirements contained in 7 CFR part 
1901, subpart E regarding equal opportunity requirements;
    (2) The requirements of 7 CFR part 3015, and 7 CFR part 3016 or 7 
CFR part 3019 (as applicable), which establish the uniform 
administrative requirements for grants and cooperative agreements to 
State and local governments and to non-profit organizations;
    (3) The requirements of 7 CFR part 1901, subpart F regarding 
historical and archaeological properties;
    (4) The environmental assessment requirements contained in 7 CFR 
part 1940, subpart G regarding environmental assessments;
    (5) The requirements contained in 7 CFR part 3560, subpart L 
regarding the loan and grant authorities of the off-farm FLH program;
    (6) The requirements contained in 7 CFR part 1924, subpart A 
regarding planning and construction;
    (7) The requirements contained in 7 CFR part 1924, subpart C 
regarding the planning and performing of site development work; and
    (8) All requirements contained in 7 CFR part 3560 regarding the 
section 514/516 off-farm FLH program.

IV. Application and Submission Information

    The application process will be in two phases: the initial 
preapplication (or proposal) and the submission of a formal 
application. Only those proposals that are selected for funding will be 
invited to submit formal applications. In the event that a proposal is 
selected for further processing and the applicant declines, the next 
highest ranked unfunded preapplication may be selected.
    All preapplications for sections 514 and 516 funds must be filed 
with the appropriate Rural Development State Office and must meet the 
requirements of this NOFA. Incomplete preapplications will not be 
reviewed and will be returned to the applicant. No preapplication will 
be accepted after 5 p.m., local time for each Rural Development State 
Office on June 18, 2007 unless date and time is extended by another 
NOFA published in the Federal Register.
    If a preapplication is accepted for further processing, the 
applicant will be expected to submit a complete, formal application 
prior to the obligation of Agency funds.

Preapplication Requirements

    The preapplication must contain the following:
    (1) A summary page listing the following items. This information 
should be double-spaced between items and not be in narrative form.
    (a) Applicant's name.
    (b) Applicant's Taxpayer Identification Number.
    (c) Applicant's address.
    (d) Applicant's telephone number.
    (e) Name of applicant's contact person, telephone number, and 
address.
    (f) Amount of loan and grant requested.
    (g) For grants, the applicant's Dun and Bradstreet Data Universal 
Numbering System (DUNS) number. As required by the Office of Management 
and Budget (OMB), all grant applicants must provide a DUNS number when 
applying for Federal grants, on or after October 1, 2003. Organizations 
can receive a DUNS number at no cost by calling the dedicated toll-free 
DUNS Number request line at 1-866-705-5711. Additional information 
concerning this requirement is provided in a policy directive issued by 
OMB and published in the Federal Register on June 27, 2003 (68 FR 
38402-38405).
    (2) A description of the applicant's ability to meet the 
eligibility requirements stated in this NOFA.
    (3) Application for Federal Assistance (Standard Form 424) which 
can be found online at http://www.whitehouse.gov/omb/grants/sf424.pdf.
    (4) A current, dated, and signed financial statement showing assets 
and liabilities with information on the repayment schedule and status 
of all debts.
    (5) Evidence that the applicant is unable to obtain credit from 
other sources. Letters from credit institutions who normally provide 
real estate loans in the area should be obtained and these letters 
should indicate the rates and

[[Page 19683]]

terms upon which a loan might be provided.

    Note: Not required from State or local public agencies or Indian 
tribes.

    )(6) A statement concerning the need for a labor housing grant. The 
statement should include preliminary estimates of the rents required 
with and without a grant.
    (7) A statement of the applicant's experience in operating labor 
housing or other rental housing. If the applicant's experience is 
limited, additional information should be provided to indicate how the 
applicant plans to compensate for this limited experience (i.e., 
obtaining assistance and advice of a management firm, non-profit group, 
public agency, or other organization which is experienced in rental 
management and will be available on a continuous basis).
    (8) A brief statement explaining the applicant's proposed method of 
operation and management (i.e., on-site manager, contracting for 
management services, etc.). As stated in this NOFA:
    (a) The housing must be managed in accordance with the program's 
management regulation, found in 7 CFR part 3560; and
    (b) Tenancy is limited to ``domestic farm laborers,'' ``retired 
dometic farm laborers,'' and ``disabled domestic farm laborers'' as 
defined 7 CFR 3560.
    (9) Applicants must provide:
    (a) A copy of, or an accurate citation to, the special provisions 
of State law under which they are organized, a copy of the applicant's 
charter, their Articles of Incorporation, and their By-laws;
    (b) The names, occupations, and addresses of the applicant's 
members, directors, and officers; and
    (c) If a member or subsidiary of another organization, the 
organization's name, address, and nature of business.
    (10) A preliminary survey to identify the supply and demand for 
labor housing in the market area. The market area must be clearly 
identified and may include only the area from which tenants can 
reasonably be drawn for the proposed project. Documentation must be 
provided to justify a need within the intended market area for housing 
for ``domestic farm laborers'', as defined in this NOFA. The 
preliminary survey should address or include the following items:
    (a) The annual income level of farmworker families in the area and 
the probable income of the farm workers who are apt to occupy the 
proposed housing;
    (b) A realistic estimate of the number of farm workers who are 
home-based in the area and the number of farm workers who normally 
migrate into the area. Information on migratory workers should indicate 
the average number of months the migrants reside in the area and an 
indication of what type of family groups are represented by the 
migrants (i.e., single individuals as opposed to families);
    (c) General information concerning the type of labor intensive 
crops grown in the area and prospects for continued demand for farm 
laborers (i.e., prospects for mechanization, etc.);
    (d) The overall occupancy rate for comparable rental units in the 
area and the rents charged and customary rental practices for these 
units (i.e., will they rent to large families, do they require annual 
leases, etc.);
    (e) The number, condition, adequacy, rental rates and ownership of 
units currently used or available to farm workers;
    (f) A description of the units proposed, including the number, 
type, size, rental rates, amenities such as carpets and drapes, related 
facilities such as a laundry room or community room and other 
facilities providing supportive services in connection with the housing 
and the needs of the prospective tenants such as a health clinic or day 
care facility, estimated development timeline, estimated total 
development cost, and applicant contribution; and
    (g) The applicant must also identify all other sources of funds, 
including the dollar amount, source, and commitment status. (Note: A 
section 516 grant may not exceed 90 percent of the total development 
cost of the housing.)
    (11) A completed Form RD 1940-20, ``Request for Environmental 
Information,'' and a description of anticipated environmental issues or 
concerns. The form can be found online at http://www.rurdev.usda.gov/regs/forms/1940-20.pdf.
    (12) A prepared HUD 935.2, ``Affirmative Fair Housing Marketing 
Plan.'' The plan will reflect that occupancy is open to all qualified 
``domestic farm laborers,'' regardless of which farming operation they 
work and that they will not discriminate on the basis of race, color, 
sex, age, disability, marital or familial status or National origin in 
regard to the occupancy or use of the units. The form can be found 
online at http://www.hudclips.org/sub_nonhud/html/pdfforms/935-a.pdf.
    (13) Evidence of site control such as an option or sales contract. 
In addition, a map and description of the proposed site, including the 
availability of water, sewer, and utilities and the proximity to 
community facilities and services such as shopping, schools, 
transportation, doctors, dentists, and hospitals.
    (14) Preliminary plans and specifications, including plot plans, 
building layouts, and type of construction and materials. The housing 
must meet the Agency's design and construction standards contained in 7 
CFR part 1924, subparts A and C and must also meet all applicable 
Federal, State, and local accessibility standards.
    (15) A Supportive Services Plan describing services that will be 
provided on-site or made available to tenants through cooperative 
agreements with service providers in the community, such as a health 
clinic or day care facility. Off-site services must be accessible and 
affordable to farm workers and their families. Letters of intent from 
service providers are acceptable documentation at the preapplication 
stage.
    (16) A proposed operating budget utilizing Form RD 3560-7, 
``Multiple Family Housing Project Budget/Utility Allowance.'' The form 
can be found online at http://www.rurdev.usda.gov/regs/forms/3560-07.pdf.
    (17) An estimate of development cost utilizing Form RD 1924-13, 
``Estimate and Certificate of Actual Cost.'' The form can be found 
online at http://www.rurdev.usda.gov/regs/forms/1924-13.pdf.
    (18) Form RD 3560-30, ``Certification of No Identity of Interest 
(IOI)'' and Form RD 3560-31, ``Identity of Interest Disclosure/
Qualification Certification.'' These forms can be found online at 
http://www.rurdev.usda.gov/regs/fmi/fm3560-30.pdf and http://www.rurdev.usda.gov/regs/fmi/fm3560-31.pdf, respectively.
    (19) Form HUD 2530, ``Previous Participation Certification.'' The 
form can be found online at http://www.hudclips.org/sub?nonhud/html/pdfforms/2530.pdf.
    (20) If requesting RA or Operating Assistance, Form RD 3560-25, 
``Initial Request for Rental Assistance or Operating Assistance.'' The 
form can be found online at http://www.rurdev.usda.gov/regs/forms/3560-25.pdf.
    (21) A Sources and Uses Statement showing all sources of funding 
included in the proposed project. The terms and schedules of all 
sources included in the project should be included in the Sources and 
Uses Statement.
    (22) A separate one-page information sheet listing each of the 
``Application Scoring Criteria'' contained in this NOFA, followed by 
the page numbers of all relevant material and documentation that is 
contained in the proposal that supports the criteria.

[[Page 19684]]

    (23) Applicants are encouraged, but not required, to include a 
checklist of all of the application requirements and to have their 
application indexed and tabbed to facilitate the review process.

V. Application Review Information

    All applications for sections 514 and 516 funds must be filed with 
the appropriate Rural Development State Office and must meet the 
requirements of this NOFA.

Selection Criteria

    Section 514 loan funds and section 516 grant funds will be 
distributed to States based on a national competition, as follows:
    (1) States will accept, review, and score requests in accordance 
with the NOFA. The scoring factors are:
    (a) The presence and extent of leveraged assistance, including 
donated land, for the units that will serve program-eligible tenants, 
calculated as a percentage of the RHS total development cost (TDC). RHS 
TDC excludes non-RHS eligible costs such as a developer's fee. 
Leveraged assistance includes, but is not limited to, funds for hard 
construction costs, section 8 or other non-RHS tenant subsidies, and 
state or federal funds. A minimum of ten percent leveraged assistance 
is required to earn points; however, if the total percentage of 
leveraged assistance is less than ten percent and the proposal includes 
donated land, two points will be awarded for the donated land. To count 
as leveraged funds for purposes of the selection criteria, a commitment 
of funds must be provided with the preapplication. Points will be 
awarded in accordance with the following table percentages will be 
rounded to the next higher or lower number. (0 to 20 points)

------------------------------------------------------------------------
                           Percentage                             Points
------------------------------------------------------------------------
75 or more.....................................................       20
60-74..........................................................       18
50-59..........................................................       16
40-49..........................................................       12
30-39..........................................................       10
20-29..........................................................        8
10-19..........................................................        5
0-9............................................................        0
------------------------------------------------------------------------

    Donated land in proposals with less than ten percent total 
leveraged assistance: 2 points
    (b) Percent of units for seasonal, temporary, migrant housing. (5 
points for up to and including 50 percent of the units; 10 points for 
51 percent or more.)
    (c) The selection criteria includes one optional criteria set by 
the National Office. The National Office initiative will be used in the 
selection criteria as follows: Up to 10 points will be awarded based on 
the presence of and extent to which a tenant services plan exists that 
clearly outlines services that will be provided to the residents of the 
proposed project. These services may include, but are not limited to, 
transportation related services, on-site English as a Second Language 
(ESL) classes, move-in funds, emergency assistance funds, homeownership 
counseling, food pantries, after school tutoring, and computer learning 
centers. Two points will be awarded for each resident service included 
in the tenant services plan up to a maximum of 10 points. Plans must 
detail how the services are to be administered, who will administer 
them, and where they will be administered. All tenant service plans 
must include letters of intent that clearly state the service that will 
be provided at the project for the benefit of the residents from any 
party administering each service, including the applicant. (0 to 10 
points)
    (d) In an effort to implement USDA's nationwide initiative to 
promote renewable energy and energy conservation, Rural Development 
(RD) has adopted incentives for energy generation and energy 
conservation. Participation in these nationwide initiatives is 
voluntary, but is strongly encouraged.
    Energy Generation. Applicants will be awarded points if the 
proposal includes the installation of energy generation systems to be 
funded by a third party. The proposal must include an overview of the 
energy generation system being proposed. Evidence that an energy 
generation system has been funded by a third party and that it has a 
quantifiable positive impact on energy consumption will be required. (5 
points)
    Energy Conservation. Applicants will be awarded points to construct 
(or substantially rehabilitate) housing that earns the ENERGY STAR 
label for new residential construction. Units earning the ENERGY STAR 
label must be independently verified to meet guidelines for energy 
efficiency as set by the U.S. Environmental Protection Agency. All 
procedures used in verifying a unit for the ENERGY STAR label must 
comply with National Home Energy Ratings System (HERS) guidelines. 
ENERGY STAR guidelines for residential construction apply to homes that 
are three stories or less and single or low-rise multi-family 
residential buildings.
    The Applicant will include in the narrative an explanation of how 
they plan to incorporate ENERGY STAR. Construction plans pertaining to 
energy efficiency must be developed with, reviewed, and accepted by a 
HERS certified rater, the contractor, and the owner. Progress 
inspections must be made at appropriate times by a HERS certified rater 
to ensure that the housing is being constructed or rehabilitated 
according to ENERGY STAR specifications. In order to receive final 
payment, applicants will be required to submit the appropriate rating 
reports from the HERS rater to RD as evidence that the housing has been 
constructed to meet the standards of ENERGY STAR. In the event that 
housing does not meet ENERGY STAR guidelines for new residential 
construction, the Agency shall, at its discretion, deduct 5 points from 
future funding proposals. For further information about ENERGY STAR, 
see http://www.energystar.gov or call the following toll-free numbers: 
(888) 782-7939 or (888) 588-9920 (TTY). (5 points)
    (2) Rural Development States Offices will conduct the preliminary 
eligibility review, score the applications, and forward them to the 
National Office.
    (3) The National Office will rank all requests nationwide and 
distribute funds to States in rank order, within funding and RA limits. 
A lottery in accordance with 7 CFR 3560.56(c)(2) will be used for 
applications with tied point scores when they all cannot be funded. If 
insufficient funds or RA remain for the next ranked proposal, that 
applicant will be given a chance to modify their application to bring 
it within remaining funding levels. This will be repeated for each next 
ranked eligible proposal until an award can be made or the list is 
exhausted.

    Dated: April 12, 2007.
Russell T. Davis,
Administrator, Rural Housing Service.
[FR Doc. E7-7444 Filed 4-18-07; 8:45 am]
BILLING CODE 3410-XV-P


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